Sirs:

Please find attached a submission from CREEK (County Regional Environmental Evaluation Ko-Alition) in response to the invitation to comment on Bill 81 prior to the clause-by-clause reading on May 29, 2002. We appreciate your consideration of our concerns.

Sincerely,

Linda Roberts
Chairperson, CREEK
(613)476-8541

CREEK (County Regional Environmental Evaluation Ko-Alition) consists of a group of residents of Prince Edward County who are concerned about the safety of our water, the quality of our air, and the ecological balance in the County. There is an Intensive Livestock Operation (hogs) in our area, immediately adjacent to Lake Ontario, Prinyer's Cove, and a "provincially significant environmentally protected wetland."

CREEK made a submission re Bill 81, The Nutrient Management Act, 2001, in Peterborough on September 18, 2001. At that time we expressed our concerns about the proposed Bill.

Last week, Justice O'Connor released Part Two of the Report of the Walkerton Inquiry. On page 109 he states: "As a general rule, consultation should err on the side of inclusion, both regarding which parties are consulted and regarding the level of involvement in the process. Consultation should never be pro forma; it should be meaningful and substantial. Interested parties must be given adequate time and information to ensure that their views are fully canvassed and considered."

We find it unfortunate that we have been given very limited opportunity to make input into the clause-by-clause reading of the Bill. We certainly hope that consultation on the development of the regulations will be more inclusive.

Many of Justice O'Connor's recommendations, if implemented, would eliminate many of CREEK's concerns. Specifically, we would like you to consider the following recommendations from his report.

1. To ensure that local considerations are fully taken into account, and to develop goodwill within and acceptance by the local communities, source protection planning should be done as much as possible at a local (watershed) level, by those who will be most directly affected (municipalities and other affected local groups). (p. 90)

2. The need for a coordinated, integrated approach to managing water resources . . . a more integrated approach . . .is necessary to protect the quality of Ontario's drinking water sources. (pp. 91-2)

3. My main recommendation is that every large or intensive farm, and every smaller farm located in an area designated as sensitive or high-risk, be required to develop a water protection plan that is consistent with the local watershed-based source protection plan . . . and is binding on the farm's activities. (p128)

4. Farm water protection plans for all farms larger than a certain size . . . will require MOE approval. Compliance with these plans will be mandatory. (p.128)

5. The Ministry of the Environment should take the lead role in regulating the potential impacts of farm activities on drinking water sources. The Ministry of Agriculture, Food and Rural Affairs should provide technical support to the Ministry of the Environment and should continue to advise farmers about the protection of drinking water sources. (p.130)

6. ..the Nutrient Management Act as it is proposed may not be sufficient in itself to protect the sources of Ontario's drinking water from potential agricultural contaminants. The Act's effectiveness will depend on the development of appropriate regulations..In other words, it may be best to have a single Act affecting farmers that regulates both nutrient management and source water protections. (pp.137-8)

7. All large or intensive farms . . . should be required to develop binding individual water protection plans consistent with the source protection plan. (p.139)

8. Each (intensive farm) will require a detailed farm water protection plan, which should include a hydrogeological assessment of the farm's operation. (p.141)

9. Plans for larger farms . . . must be approved and held on file by the MOE. (p.142)

10. The provincial government, through the Ministry of Agriculture, Food and Rural Affairs in collaboration with the Ministry of the Environment, should establish a system of cost-share incentives for water protection projects on farms.

CREEK hopes that the committee, in its deliberations, gives due consideration to Justice O'Connor's recommendations.

Linda Roberts, Chairperson, CREEK, (613)476-8541,
robertscarlin@aol.com